Sheriff’s Office and State Sheriff’s Association in opposition to zero bail order
–Both the local San Luis Obispo County Sheriff’s Office and the California State Sheriffs’ Association issued statements Monday in opposition to the Judicial Council’s $0 Bail Rule.
Read their statements below:
From the San Luis Obispo County Sheriff’s Office
–The California Judicial Council has issued an order to reduce jail populations to prevent the spread of coronavirus among inmate populations statewide. The Judicial Council’s order affects all of California’s 58 counties, including San Luis Obispo County. The Judicial Council voted last week to cut cash bail amounts to zero dollars for those awaiting trial for most misdemeanors and felonies that are not legally defined as violent. That rule is scheduled to go into effect on Monday, April 13.
“Although the Sheriff’s Office is obligated to enforce this new rule, it strongly disagrees with that decision,” said Sheriff Parkinson. “I believe this rule has the potential to reduce the safety and security of not only our local communities and neighborhoods but all across the state.”
It is estimated that approximately 50 inmates who are awaiting trial could be released from the San Luis Obispo County Jail under this new rule issued by the Judicial Council.
Additionally, even though the Judicial Council stipulated these would be for non-violent felonies and misdemeanors there are some notable exceptions that could constitute a threat to our communities.
“This new zero bail rule is dangerous for our community because it mandates zero bail for many violent or dangerous crimes that are not legally defined as serious or violent like child abuse, elder abuse, burglary, and even drug trafficking near our children’s schools. Even career criminals are eligible for zero bail and released into our community because there are no exceptions for inmates who are on parole or for career criminals with prior convictions for violent, serious and sex offenses,” said District Attorney Dan Dow. “My office is working vigorously to oppose release on zero bail for inmates we believe are dangerous to release. We are working closely with the Sheriff’s Office to identify which inmates may be eligible for release. The Sheriff’s Office medical and mental health team is working hard to ensure that anyone released who is receiving treatment in the jail will have a plan to continue treatment in the community, but this is a significant challenge and a risk for the released individuals as well as for the community.”
In response to the COVID 19 County “shelter-at-home” order, the Sheriff’s Office has increased the number of Deputy Sheriffs on patrol in San Luis Obispo County.
We want our citizens to see our patrol units out in their neighborhoods to reassure them we are doing everything possible to maintain the safety of their communities and to discourage criminal activity, especially in our business community. The increase in patrol deputies represents a 75 percent increase over normal patrol deployment since the shelter-at-home order went into effect. The Sheriff’s Office also has the capacity to increase the number of Deputies on patrol further if a need arises.
Currently, the San Luis Obispo County Jail has not experienced a single case of COVID-19 among its inmate population or its jail custody staff. Aggressive safety measures have been put into place to protect the health and welfare of the inmates in the county jail as well as the jail custody staff.
It is our belief that some of the inmates who will be released will be at greater risk of contracting COVID-19 in public than they would have been had they remained in custody at the County Jail. However, this decision to release them was out of the control of County Officials, who are required to comply with the orders of the Judicial Council.
The Sheriff’s Office continues to work with the District Attorney’s Office to stay true to our mission to provide service, security, and safety to the community in a manner that is protective of victims’ rights and also fair to the accused individuals.
California State Sheriffs’ Association‘s statement on Judicial Council’s $0 Bail Rule for certain crimes
Sheriffs across California affirmed their opposition to a rule adopted by the Judicial Council of California on Monday that temporarily imposes an emergency statewide bail schedule setting bail at $0 for specified misdemeanors and felonies.
“Sheriffs understand the unprecedented impacts that the COVID-19 outbreak has created, but we are deeply concerned that the blanket release from custody of potentially thousands of inmates will have far-reaching public safety ramifications,” said Sheriff David Livingston, President of the California State Sheriffs’ Association (CSSA). “We fear the Judicial Council’s ‘one-size-fits-most’ approach will also jeopardize public health during the COVID-19 crisis by releasing mentally ill individuals to the community without proper planning and services and releasing people who may be homeless, unable or unwilling to comply with stay at home orders, or drug-addicted and at risk of overdose.”
“Many counties have taken significant steps to address the outbreak and deter the spread of the virus, including by reducing jail populations where appropriate,” said Sheriff David Robinson, 1st Vice President of CSSA. “However, this has been accomplished by taking measured steps, often in conjunction with local partners including judges, the district attorney, probation, and the public defender. The judiciary’s statewide mandate, in many circumstances, ignores these local processes and results and simply cannot contemplate every case detail and the needs of hundreds of communities around California.”
CSSA notes that, while the $0 bail rule exempts certain crimes from its reach, it would nevertheless apply to other offenses including child abuse, elder abuse, and violating public health orders, meaning suspects arrested for those crimes could be released on $0 bail.
“We understand that we are facing extraordinary circumstances and we appreciate the Judicial Council’s work to keep court operations running,” added Livingston. “That said, we are worried that this order risks public health and safety and we urge judges to use whatever discretion is available to examine the totality of the circumstances when applying this order.”
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